20220706Idaho Administrative Bulletin Energy Consumption.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.81.01 - ENERGY CONSUMPTION REPORTING RULES
DOCKET NO. 3r.810r -2201 (ZBR CHAPTER REWRTTE)
NOTICE OF RULEMAKING - PROPOSED RULE
ZuJ--tL- LL-c>
AUTHORITY: In compliance with Section 67-5221(l),Idaho Code, notice is hereby given that this agency has
initiated proposed rulemaking procedures. The action is authorized pursuant to Authority of the Electric and Natural
or Manufacture Gas Consumption from Ground Water Pumping Act (hereinafter the Energy Consumption Act),
Chapter 13, Title 62, Idaho Code, and the Public Records Act Section 74-107(13), Idaho Code and Executive Order
No. 2020-01.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in
writing by twenty-five (25) persons, a political subdivision, or an agency, not later than July 20,2022.
The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not
later than five (5) days prior to the hearing, to the agency address below.
DESCRIPTM SUMMARY: The following is a nontechnical explanation of the substance and purpose of the
proposed rulemaking:
The Idaho Public Utilities Commission initiated this rulemaking in compliance with Executive Order No. 2020-
0l: Zero-Based Regulation, issued by Governor Little on January 16,2020. Pursuant to Executive Order No. 2020-
01, each rule chapter effective on June 30,2020, shall be reviewed by the agency that promulgated the rule. The
review will be conducted according to a schedule established by the Division of Financial Management, Office of the
Governor (DFM), posted at https://adminrules.idaho.gov/rulemaking_templates/index.html. This is the Idaho Public
Utilities Commission's rule chapter IDAPA 31.81.01 up for review in2022.
FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: None.
FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state
general fund greater than ten thousand dollars ($10,000) during the fiscal year resulting from this rulemaking: None.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(l), Idaho Code, negotiated rulemaking was
conducted. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking was published in the April 6,2022 -Administrative Bulletin, Yol. 22-4 page 45-46.
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief
synopsis of why the materials cited are being incorporated by reference into this rule: None.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance
on technical questions concerning the proposed rule, contact Stephen Goodson at [phone]. Anyone may
submit written comments regarding this proposed rulemaking. All written comments must be directed to the
undersigned and must be delivered on or before July 27,2022.
DATED this May 17,2022.
Jan Noriyuki
Commission Secretary
I 133 I West Chinden Blvd, Ste 20 I -A
Boise, ID 83714
[phone]
[e-mail]
Idaho Administrative Bulletin Page227 JuIy 6, 2022 -Yol.22-7
IDAHO PUBLIC UTILITIES COI"I"SS'O'V
Energy Consumption Reporting Rules
Docket No. 31 -81 01 -2201
Proposed Rulemaking
THE FOLLOWING IS TIIE PROPOSED TEXT OF DOCKET NO. 31-8101-2201
(Zero Based Regulation (ZBR) Chapter Rewrite)
31.81.0I - ENERGY CONSUMPTION REPORTING RULES
GENERAL PROVISIONS
Rules 0 through l0
000. LEGALAUTHORTTY(RULE0).
Chapter 13, Title 62, Idaho Code. ( )
001. TTTLf,AND SCOPE (RULE 1).
These rules apply to all energy suppliers. These rules should be construed in connection with the Energy
Consumption Act, t}re Public Utilities Law, the Public Records Law, and other applicable state laws. ( )
002. - 003. (RESERVED)
004. puBl,rc RECoRD ACT COMPLTANCE (RULE 4).
The energy consumption reports required by these rules are exempt from public disclosure and copying under Section
74-107(13),Idaho Code. ( )
01. Consumption Reports. The Department may release consumption reports to state entities
including water districts and ground water districts to determine annual water usage or to other state and federal
entities for research purposes provided the identity of individual customem or accounts is protected from public
disclosure and cannot be ascertained from the reports. ( )
00s. DEFrNrrroNs (RULE 5).
The following tenns used in these rules are defined: ( )
01. Commission. The Idaho Public Utilities Commission. ( )
02. Consumption Repofis. The reports created by the enerry suppliers as authorized by these rules
and submitted to the Department. ( )
03. Department. The Idaho Department of Water Resources.()
04.
public utilities,
07.
3l orthe enerry
Energr
municipal,
Suppliers. All suppliers of electric power and natural or manufactured gas including all
mutual nonprofit, and cooperative corporations providing energy to an irrigation customer.()
05.
06.
a.
b.
Geographic Areas. Areas served by energy supplies as designated by the Commission. ( )
Irrigation Customer. A customer pumping ground water that is: ( )
Receiving service from an energy supplier under an inigation service tariffor rate schedule; or()
Irigating three (3) or more acres if such information is known to the energy supplier. ( )
Irrigetion Season. As used in these rules means the calendar period from March I through October
supplier's billing cycles that include the calendar period. ( )
Idaho Administrative Bulletin Page 228 July 6,2022-YoL22-7
IDAHO PUBLIC UTILITIES COffI"SS'O'V
Energy Consumption Reporti ng Rules
Docket No. 31 -81 01 -2201
Proposed Rulemaking
08. Service Locetion. The geographic position of the inigation customer's pumping location(s) by
address, pole number, legal description, longitude-latitude designations, or other description of where the service is
delivered, to the extent such information is readily available to the enerry supplier. ( )
006. -- 010. (RESERVED)
REPORTING RULES
Rules 11 through 20
011. REQUEST FOR REPORTS (RULE 11).
No later than July I of each year, the Department may request consumption reports from energ5r suppliers for the
current irrigation season. ( )
01. Notification by Department. The Departrrent will notifo energy suppliers serving
geographic areas that consumption r€ports must be submitted.
specific()
the
the
)
02. Submission of Consumption Reports. Once the Department requests the consumption reports,
energy supplier will prepare and submit the report to the Department as soon as possible following the close of
irrigation season but no later than January 5 of the following year. (
012. CoNTENTS OFCONSUMPTTON REPORT(RULE l2).
01. Content of Consumption Reports. Each consumption report will contain, to the extent available,
the customer's full name, customer account number, service location, service location identification number, and the
amount of energy consumed in kilowatt hours (KWH), or cubic feet of gas, or other applicable volume measurement
for each service location. For each service location, the annual consumption report will state how much energy the
customer consumed for each billing period during the irrigation season, and for the entire irrigation season. ( )
0r3. REPORT FORMAT (RULE 13).
Consumption reports will be forwarded to the Department electronically unless otherwise agreed to. ( )
014. -- 020. (RESERVED)
REIMBURSEMENT RULES
Rules 2l through 999
021. RETMBURSEMENT OF COSTS (RULE 21).
Enerry suppliers are entitled to reimbursement by the Department of the costs for preparing and submitting the
consumption reports. Energy suppliers seeking reimbursement will itemize in sufficient detail their actual costs in
preparing and submitting the data. ( )
022. RESOLUTTON OF RETMBURSEMENT DTSPUTES (RULE 22).
When an enerry supplier and the Department are unable to resolve a reimbursement dispute, either party or both may
seek informal dispute resolution with the Commission's staff. If the outcome of the informal proceeding is
unsatisfactory to either party, the aggrieved party may file a formal complaint with the Commission under its Rules ofPrccedure. ( )
023. -- 999. (RESERVf,D)
Idaho Administrative Bulletin Page229 July 6,2022 -Yol.22-7